NODUS Wifi Entertainment
Terms of Service
This agreement is between the user/buyer/operator of any NODUS Entertainment Device/s and NODUS. Hereafter the NODUS company is referred to as NODUS and its entertainment devices as N.E.D.'s.
1. Acceptance of Agreement.
1.1 N.E.D's like the WiFi Jukebox are products of NODUS. By using any N.E.D. you agree to comply to the following terms of use. Please review the following carefully and should you not agree to these terms, do not use the N.E.D. and contact us about the respective item.
NODUS reserves all rights to act accordingly in case of violation of the following terms and conditions.
2. Intellectual Property; Limited License to Users
2.1 All intellectual property rights contained within a N.E.D.'s belong to NODUS. NODUS hereby grants you the right to use the N.E.D. as described in the official product description and user manual.
2.2 Third party software used in a N.E.D is subject to their specific terms of use. In regard of supported music services the agreement you entered with the service provider is binding to you and NODUS takes no responsibility for eventual third party claims in this regard.
2.3 All visual material uploaded to N.E.D is granted to NODUS for reproduction and/or publishing purposes. Objections to this paragraph must be made in written form and may be rejected by NODUS at any time.
2.4 NODUS does not take any responsibility for eventual claims brought forward regarding content uploaded to a N.E.D. or any web-application operated by NODUS by N.E.D. owners/operators/clients.
3. Copyright.
3.1 The copyright of any visual and non-visual content in the N.E.D. belongs to NODUS unless otherwise stated.
4. Trademarks.
4.1 If not stated otherwise any Trademark contained within a N.E.D.is owned by NODUS.
4.2 NODUS C.I. and/or imagery and texts are protected and may not be used outside the official guidelines as stated at http://nodus.tech
5. Patents
5.1 The patent/s for the N.E.D./s as applicable by law are granted to NODUS by their holders if not stated otherwise.
6. Use of N.E.D./s
6.1 The use of the software contained in a N.E.D. is on your own accord and risk. NODUS cannot be held responsible for your use or misuse of the software. The NODUS software contained on any N.E.D. may be used by the owner/operator as described in the NODUS manual for your N.E.D. model.
6.2 By using the software contained in a N.E.D. you grant the rights to NODUS to re-use your C.I. and/or logo and company name unless otherwise agreed in in written form (see 2.3).
6.3 By using/operating a N.E.D. you agree to the following guarantee limitations. NODUS is not liable for any claim brought forward in regard of:
- Detected forceful entry into a N.E.D.. Either physically or digitally.
- Broken N.E.D. product seal.
- Contact of the N.E.D. with liquids of any kind.
- Modification of the N.E.D. outside the given standard parameters defined by NODUS.
- Use of non-certified power adapters.
- Power surge through connected devices on any N.E.D. connection port (LAN, USB, Audio, HDMI, Power).
- Acts of nature, Force Majeure.
- Collision damage.
- Consecutive runtimes of more than 50+ hours.
- Overheating damage (Standard operating temperature 40 Deg. C. - Damage may occur above 70 Deg. C.).
- Any form of gross negligence impeding a N.E.D. in its functionality.
6.3.1 If you are unable to use your N.E.D. because of your own inability to use it according specifications given in the usermanual no refund is granted.
6.4 By using/operating a N.E.D.you agree to free NODUS from any claims brought forward regarding damage of of life and/or property caused by or linked to the operation of a N.E.D..
6.5 By using/operating a N.E.D./s you agree to not modify/copy/reverse engineer any N.E.D. behaviour and/or software or hardware. NODUS reserves the right to imitate legal steps if evidence is gathered that you violated this agreement.
6.5 By using/operating a N.E.D.you agree to accept the N.E.D. logs as evidence in case of disputes.
7. Limited Right to Use.
7.1 Third party users of a N.E.D. enjoy limited rights for the use of a N.E.D.. Third party users defines every N.E.D. user who is neither the owner of the N.E.D. nor an operator/admin designated by the owner. If no operator/admin is designated by the owner it is assumed that persons employed by the owner fill this role. If none of the above definitions applies to you, consider yourself a third party user of the N.E.D. in the network you reside in.
As third party user you do not enjoy any administration rights to an N.E.D.. Owners and operators/admins are free to initiate legal claims against you depending on the local law should you choose to violate this agreement and/or attempt to change N.E.D. behaviour. NODUS is hereby freed from any claims resulting from third party user actions.
8. Editing, Deleting and Modification.
8.1 Should you attempt to modify your N.E.D. in any way, all claims to product guarantee are nullified. This includes physical access to the hardware, and/or electronic access to the device and/or software contained. NODUS will reserve the right to attempt legal against you and/or connected third parties steps depending on the severity of your modifications.
8.2 NODUS is freed from any claims brought forward regarding data loss as NODUS has no influence on how the N.E.D. is operated and/or stored.
8.3 You agree not to attempt to reverse engineer and/or modify the software contained in N.E.D.'s. NODUS will reserve the right to attempt legal claims against you and/or connected third parties depending on the severity of your actions/modifications.
9. Indemnification.
9.1 If not stated otherwise in separate agreements NODUS is freed from any indemnification claims.
9.2 If you violate these terms of use NODUS reserves the right to initiate indemnification claims against you and/or parties connected to your actions and/or enabling them.
10. Nontransferable.
10.1 Rights granted in this agreement are nontransferable.
11. Disclaimer and Limits.
11.1 This document is always valid in its latest version as provided at http://nodus.tech. Technical limits may cause your N.E.D. to show an outdated version of this document. You are responsible to make sure you have read the latest version of NODUS terms and conditions. By agreeing to this document you agree to the terms as stated in the latest legal version of this document.
12. Use of Information.
12.1 Information about N.E.D. performance, behaviour and/or activity may be requested from the N.E.D. by NODUS at any time via software. All data is handled anonymously if not stated otherwise.
12.2 Playback and Playlist data may be used by NODUS and/or it's subsidiaries and may be made public by NODUS and/or its subsidiaries.
12.3 Information which is released by intention (by any user of a N.E.D.) may be used by NODUS and/or it's subsidiaries and may be made public by NODUS and/or its subsidiaries.
12.4 Information collected through third party services may be used by NODUS and/or its subsidiaries and or the owner/operator of the N.E.D. used. These services as described in section 13 are not governed by NODUS and therefore subject to their own terms of use.
12.5 Information collected through N.E.D. logs may be used by NODUS and/or its subsidiaries. This data relates to the N.E.D. performance and is collected on an anonymous basis. If requested by the owner/operator NODUS may use the same data collected non-anonymously for debugging and development purposes.
13. Third-Party Services.
13.1 Third party services contained within the N.E.D/s are subject to the terms of use of the Third party. Any usage agreement between third party services and NODUS in nontransferable to the owners/operators/clients of N.E.D./s. NODUS is freed from any claims brought forward regarding any third party service implemented by a N.E.D..
14. Third-Party Merchant Policies.
15. Privacy Policy.
15.1 Data collected through the N.E.D./s may be used by NODUS and/or its subsidiaries to continue development and/or gain statistical data used in other NODUS departments. If not stated otherwise your data is handled anonymously.
15.2 Playback and Playlist data as well as intentional released information may be used and/or published by NODUS.
15.3 The N.E.D./s utilise Cookies, Local Storage and Session data to provide functionality. This data may be used to support development and is collected and used anonymously.
15.4 Social login features used on N.E.D./s are subject to the terms and conditions of the corresponding services (Facebook, Google, Twitter, etc.). Information granted by those services may be used by NODUS and/or its subsidiaries and/or the N.E.D./s owner/operator for statistical data, client connections and other purposes as described in section 12.
NODUS is freed from any claims brought forward regarding user data collected from social login features and takes no responsibility for data granted by clients of the social login to the owner/operator of any N.E.D..
16. Payments.
16.1 If not agreed upon otherwise, payments to NODUS shall be made to the payment service stated on the invoice you receive by NODUS. This includes printed and digital invoices.
17. Links to other Web Sites.
17.1 Links to other websites do not endorse or condone the content of the third party website in no form whatsoever.
18. Information and Press Releases.
18.1 Information published by NODUS is subject to change without prior notice. Publication mistakes will be rectified if found but have no influence any agreements
19. Miscellaneous.
19.1 NODUS global network. Every N.E.D. if powered and connected to the internet becomes part of the global NODUS network. Information collected is handled according to section 12 of these terms.
19.1.1 Advertisement is part of the global NODUS network and served throughout in a reasonable fashion. In case the N.E.D. owner/operator defines locally served advertisement NODUS advertisement display will be restricted to no more than 15% of the first displayed advertisements. In case the owner/operator did not define local advertisements NODUS advertisements will be displayed.
Some N.E.D. versions contain a sample advertisement which is excluded from these terms and needs to be changed/deleted by the owner/operator.
19.2 Online support is granted to all NODUS customers with valid product guarantees. If your guarantee ended you may access the online community for help or purchase an extended guarantee for your NODUS product.
19.3 Offline support. NODUS reserves the right to schedule offline support. If a NODUS technician visit is requested by you the service remains free if a NODUS product is at fault and the source of your problem.
In any other case a travel fee and fixed hourly charge is applied. You will be informed about your countries rates prior to the technician's visit.
19.4 The product guarantee offered by NODUS is not a "money-back"" guarantee. You may request a product exchange for your current product or a voucher at 80% of the buying price of your device.
19.4.1 Extended guarantees are only available at product purchase or before your normal NODUS product guarantee ends and a NODUS technician has inspected your device.
19.5 All services and features of N.E.D./s are subject to change without prior notice. To prevent or change system updates of your N.E.D. you will need to request so with NODUS support. Should you decide to opt out of the NODUS update process your product guarantee will be nullified.
Terms of Service as applicable to all NODUS N.E.D.’s
as of Oct.,26 2015